IN THE CASE OF:	  

		BOARD DATE:	        03 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080008937 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show that she was involuntarily relieved from active duty for the convenience of the Government as a result of a reduction in force, or involuntarily relieved from active duty for the convenience of the Government.  

2.  The applicant essentially states that because of the year of her discharge, the wording of her narrative reason for separation is incorrect, and needs to be corrected to a narrative reason for separation that will allow her to obtain a Department of Veterans Affairs (DVA) home loan.

3.  The applicant provides her DD Form 214; DD Form 215 (Correction to 
DD Form 214); and a letter, dated 20 December 2007, from the DVA in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that she enlisted in the United States Army Reserve (USAR) Delayed Entry Program on 28 November 1980, and enlisted in the Regular Army on 1 April 1981 for a period of 3 years.  She successfully completed basic training and entered advanced individual training (AIT) for military occupational specialty (MOS) 71L (Administrative Specialist).  However, she was academically dropped from the administrative specialist course on 2 July 1981.  She then attended AIT and was awarded MOS 76Y (Unit Supply Specialist).  However, prior to completing AIT, she accepted nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully using a pass on 27 August 1981, then well knowing that it was unauthorized, and remaining absent until 30 August 1981; and for absenting herself without authority from her unit on 5 September 1981 and 6 September 1981.  Her punishment consisted of forfeiture of $100.00 pay per month for 
1 month.  She was then reassigned to Aberdeen Proving Ground, Maryland for what would be her first and only permanent duty assignment.

3.  On 22 January 1982, the applicant accepted NJP under Article 15 of the UCMJ for failing to go at the time prescribed to her appointed place of duty on 
28 December 1981.  Her punishment consisted of reduction in rank and pay grade from private/E-2 to private/E-1, forfeiture of $144.00, and 14 days of extra duty.  However, on 22 July 1982, the applicant's punishment of forfeiture of $144.00 was mitigated to forfeiture of $128.00.

4.  On 9 July 1982, the applicant’s commander initiated action under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-31 (Expeditious Discharge Program [EDP]) to release her from active duty for transfer to the Individual Ready Reserve to complete her contractual service obligation, or discharge her from the United States Army.  The reasons for his proposed action were her repeated violations of Article 86 of the UCMJ; displaying an apathetic attitude after requesting to attend Basic Skills Education Program (BSEP) classes, which resulted in NJP under Article 15 of the UCMJ for violation of Article 92 (Dereliction of Duty); her tendency toward insubordinate actions toward her superiors; and her failure to alter her maladaptive behavioral trends despite numerous counseling statements from her superiors.  He also stated that her arrogance and insubordinate actions reflected discredit upon the United States Army and herself.  The applicant's commander essentially recommended that her service be characterized as under honorable conditions.  The applicant was also advised of her right to submit a statement in her own behalf, but it is not known whether or not she exercised this right.
5.  On 3 August 1982, the proper authority approved the applicant's separation under the EDP, and directed that she be transferred to the USAR Individual Ready Reserve under the provisions of paragraph 5-31h, Army Regulation 
635-200.  He also essentially directed that the applicant's period of service would be characterized as honorable.  On 6 August 1982, she was honorably released from active duty after completing only 1 year, 4 months, and 6 days of her 3-year enlistment and transferred to the USAR Control Group (Reinforcement).  Item 28 of her DD Form 214 shows the entry, "Expeditious Discharge Program [EDP] Failure to maintain acceptable standards for retention."  On 31 March 1987, she was honorably discharged from the USAR.  

6.  In a letter, dated 19 February 1990, the Army Discharge Review Board (ADRB) essentially informed the applicant that her petition to change the narrative reason for her separation was denied.

7.  The applicant essentially stated that because of the year of her discharge, the wording of her narrative reason for separation is incorrect, and needs to be corrected to a narrative reason for separation that will allow her to obtain a DVA home loan.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-31, then in effect, provided the policy and outlined the procedures for separating individuals under the EDP.  This program provided for the separation of Soldiers who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel. An honorable or general discharge could be issued under this program. 

9.  Army Regulation 635-200 also provided that separation for the convenience of the Government was used to separate Soldiers after enlistment due to, among other reasons, concealment of an arrest record, parenthood, personality disorder, failing to meet procurement medical fitness standards, aliens not lawfully admitted to the United States, and failure to qualify medically for flight training. 

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 28 of her DD Form 214 should be changed to show that she was involuntarily relieved from active duty for the convenience of the Government as a result of a reduction in force, or involuntarily relieved from active duty for the convenience of the Government.  

2.  The applicant's contention that her narrative reason for separation is incorrect was considered, but not found to have any merit.  The applicant's narrative reason for separation was based on her discharge under the provisions of paragraph 5-31 of Army Regulation 635-200 due to her demonstrating that she could not or would not meet acceptable standards required of enlisted personnel.

3.  It is clear that the applicant is requesting a change to the narrative reason for her separation in order to qualify for a DVA home loan.  However, the ABCMR does not grant requests for changes to narrative reasons for separation for the purpose of making an applicant eligible for DVA benefits.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The evidence of record shows that the applicant was properly and equitably released from active duty under the provisions of paragraph 5-31, Army Regulation 635-200, and that her narrative reason for separation is based upon this fact.  As she did not provide any evidence which shows that any requirements of law and regulation were not met, or that her rights were not fully protected throughout the separation process, regularity must be presumed in this case.  

6.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008937



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ABCMR Record of Proceedings (cont)                                         AR20080008937



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